William Whirl v. C. v. (Buster) Kern and Fidelity and Deposit Company of Maryland
407 F.2d 781 · Court of Appeals for the Fifth Circuit · 1969
Facts
William Whirl was arrested and held in Harris County Jail. After indictments against him were dismissed due to insufficient evidence, he remained incarcerated for almost nine months because of a communication breakdown between court offices and the Sheriff's office. Whirl sued Sheriff Kern for false imprisonment and civil rights violations under § 1983.
Issue
Can a sheriff be held liable for false imprisonment and civil rights violations under § 1983 for detaining a prisoner for an unreasonable period after all charges against him have been dismissed, even without improper motive or negligence? Does a "good faith" defense apply to a jailer's prolonged unlawful detention?
Holding
The court reversed the lower court's judgment, holding that the sheriff was liable for false imprisonment and civil rights violations. It ruled that neither improper motive nor negligence is a prerequisite for liability under § 1983, and "good faith" is not a defense for a jailer's unreasonable detention after charges are dismissed.
Rule
Under 42 U.S.C.A. § 1983, improper motive is not required for liability, and a jailer has an absolute duty to know the legal basis for a prisoner's detention and to effect timely release. A sheriff is on constructive notice of judicial termination of charges and cannot claim "good faith" or lack of personal knowledge as a defense for prolonged unlawful imprisonment.
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